Military vehicles, tactics put some in Fox Valley on edge

Apr. 26, 2014

Members of the Outagamie County Sheriff's Department Emergency Response Team clear hallways and rooms during a training exercise April 8 at the former Oneida Nursing Home in Oneida. / Wm. Glasheen/Post-Crescent Media

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About the 1033 program

Section 1033 of the National Defense Authorization Act of 1997 authorizes the Department of Defense to transfer excess military property to state and local law enforcement agencies. The Wisconsin Technical College System Program and Wisconsin Emergency Management administer the program in Wisconsin. The federal government retains ownership of the equipment that can range from guns to trucks, but it must be maintained by the local law agency.

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Standing 10-feet tall, weighing 30 tons and sporting bullet-proof windows, the Caiman military truck is a sight to see. But some have questioned whether they want to see it in Appleton.

The Outagamie County Sheriff’s Department and the Appleton Police Department announced last month they will share the new vehicle obtained for free through the Department of Defense’s 1033 surplus program. Hundreds of the hulking trucks are being distributed to departments across the country.

The truck, along with a proliferation of the Fox Valley’s SWAT or special weapons and tactics teams, are leading to a creeping militarization of police, some in the community say.

When Appleton police posted the news of the truck in March on its Facebook account, the reaction was swift:

“You guys see a lot of land mines and IED’s in Appleton?” one man asked.

“This vehicle is downright scary,” another woman said.

“More police militarization. Just what you guys need to get you further disconnected from the people you serve,” a man wrote.

Those feelings aren’t unique to Appleton.

A state lawmaker introduced a bill in New Hampshire this year that would ban municipalities from accepting military-style vehicles without approval from voters. The Wall Street Journal reported the measure was a response to the Concord City Council’s vote to accept an armored BearCat, despite opposition from residents that protested with signs that read, “More Mayberry, Less Fallujah” and “Thanks But No Tanks!”

Last month, a Democratic U.S. Representative from Georgia called the trend “disturbing,” and announced he was drafting legislation to rein in the federal program.

“We have to ask ourselves as a nation — is this who we really are?” Congressman Hank Johnson said in a newsletter to supporters. “...the equipment is absolutely ill-suited for America’s main streets.”

Perception trumped by needs

Critics of the vehicles, SWAT teams and weaponry are missing the benefits they provide for law enforcement, said Capt. Mike Jobe of the Outagamie County Sheriff’s Department.

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“If you see innocent people or children running from gunfire, who will be offended by this vehicle getting them out safely?” Jobe said. “I don’t understand the objections, when — at the end of the day — we can do our job safer for subjects of violence or our officers in harm’s way.”

The Calumet County Sheriff’s Department also will receive an armored vehicle this year.

Appleton police spokesman Sgt. Dave Lund said the department understands the need to be sensitive to the community’s perception of the vehicle, while balancing the need to have resources capable of mitigating a variety of threats.

The city’s SWAT team deployed twice in 2013. The Outagamie County Emergency Response Team went on six calls in 2013, and seven already this year.

Currently, APD and the county utilize armored vehicles from Brown or Winnebago counties.

Mayor Tim Hanna said the uptick in violent situations requiring the SWAT team is alarming, and the vehicle is a necessary addition.

“I’ve heard the concerns about militarization, but we have protocols. If there’s a creep on those protocols, that’s on me. I’ll hold the police accountable for this vehicle’s use,” Hanna said. “If people truly don’t want to ever see SWAT or this vehicle they have their heads in the sand because our department deals with very dangerous situations.”

Appleton Alderwoman Sarah Garb said she was skeptical of the vehicle’s acquisition and met with police officials this month.

“It’s a difficult balance, but if you agree we’re safer with this than without, it’s hard to justify not getting it,” Garb said. “I have no reason to doubt the police will use this appropriately. It won’t be a show piece.”

Pacifists argue against militarization

Appleton Alderwoman Polly Dalton said she wanted to have a community discussion about the vehicle and its use. She questioned the need for the vehicle, based on the city’s relatively safe crime environment.

“There’s nothing calming about this vehicle, even its name: ‘mine resistant, ambush protected,’” Dalton said. “I don’t know the percentage of mine crimes in America or Appleton, but I don’t think it’s very high.”

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Nationally, groups are lobbying against the proliferation of military tactics by police.

The effort has brought together libertarians and progressives that see too many camouflage fatigues among the police ranks, said Elizabeth Beavers, a legislative associate with the Friends Committee on National Legislation.

“Not only are they equipped like the military, they’re behaving like soldiers on our streets,” Beavers said. “Peace comes from peaceful means. When you bring in weapons and military weapons to that situation it heightens the situation.”

Pushback regarding the vehicles has escalated nationwide, Beavers said, citing the outcry at Ohio State University last fall when the campus police agency acquired a 19-ton armored truck.

Police around the state are changing from local community partners into heavily-armed Mexican-style federales, said Chris Ahmuty, executive director of the Wisconsin chapter of the American Civil Liberties Union.

“Certainly there are situations where police respond to dangerous situations, but it’s debatable if law enforcement truly needs an armored vehicle or SWAT team,” Ahmuty said. “Agencies often share vehicles when they are used sparingly. By the arguments they’re using does that mean Grand Chute and Kaukauna each should have one? It doesn’t seem to pass the cost-benefit analysis.”